20.11.2023 No tax savings from rental of luxury properties If a property with more than 250 square meters of living space is rented, losses incurred as a result of the rental cannot necessarily be offset against taxable income of the taxpayer. This was decided by the Supreme Tax Court in a case of rentals within the family. Categories: Supreme Tax Court casesKeywords: property rental, losses
09.05.2023 ECJ: Rental of equipment and machinery in connection with VA ... Following a request for a preliminary ruling from the German Supreme Tax Court, the ECJ decided that the VAT exemption in connection with the letting of immovable property as provided in Article 135 of the VAT Directive may also apply to the letting of permanently installed equipment and machinery where that letting constitutes a supply ancillary to a principal supply of the lease of a building and if it constitutes from an economic point of view one single supply. Categories: European Court of JusticeKeywords: ancillary service, VAT Exemption, proper ...
27.04.2022 Land tax charged to lessee is part of rent and subject to tr ... In a recently published decision, the German Supreme Tax Court held that land tax owed by the landlord but contractually passed on to the lessee is part of the rent and must therefore be added back in part to trading income subject to trade income tax. Categories: Supreme Tax Court casesKeywords: add-back, land tax, property rental, tra ...
08.07.2021 VAT: No permanent establishment in case of property rental The European Court of Justice (ECJ) ruled that the reverse charge is applicable to the leasing of real property located in Austria because the Jersey based lessor, in lieu of own local staff to perform services relating to the letting, does not have a permanent establishment (fixed place of business) in Austria. Categories: European Court of JusticeKeywords: reverse charge, permanent establishment ...
23.07.2014 Waiver of VAT exemption on property rentals can be by room The Supreme Tax Court has held that the VAT exemption waiver on property rentals presupposes that the tenant can clearly separate the area used for taxable turnover from that used for tax-free activity, but the separation does not have to be documented by separate contract. Categories: Supreme Tax Court casesKeywords: VAT waiver, waiver, property rental, ten ...
